Piano lecturer challenges CIT decision to dismiss him
A lecturer at Cork Institute of Technology has brought a High Court challenge aimed at setting aside a decision by the college to dismiss him from his post.
Brian McNamara has brought the proceedings against CIT, the Minister for Education and Skills, Ireland and the Attorney General over a decision to dismiss him from his post as a piano lecturer at the Cork School of Music, which became part of CIT.
He claims that he has not been lawfully dismissed by CIT.
Mr McNamara, who has taught piano in Ireland at the Royal Irish Academy, and the Dublin College of Music and France is concerned about the damage the purported dismissal will have on his reputation.
He was suspended on pay from his position in 2012 following complaints of alleged gross misconduct from students.
Following an internal inquiry, some of the allegations against him were deemed to be well founded, and it was recommended that he be dismissed from the post he had held since 1993.
That decision was upheld following an appeal.
Mr McNamara, represented in the High Court by Michael McGrath SC, claims the appeal hearing was unfair, and in breach of constitutional justice.
Following the determination of the appeal, Mr McNamara sought to have his case heard by the Minister for Education over what he claims were defects in the disciplinary procedures adopted by CIT.
Mr McNamara of The Heights, Broadale, Cork, claims he cannot be removed from his position without the Minister's consent.
He also claims that under the 1930 and 1944 Vocational Education Acts he is entitled to an oral hearing before the Minister into the complaints he has about the CIT disciplinary process
His lawyers furnished submissions to the Minister in March 2018.
Last November Mr McNamara was informed the Minister was not in a position to grant or withhold consent in regards to CIT's decision to dismiss the lecturer due to the enactment of the 2018 Technological Universities Act.
CIT had sought the Minister's consent for his client's dismissal, counsel said.
As the Minister's consent was no longer required, CIT confirmed in its letter last month to Mr McNamara its decision to dismiss him.
Arising out of that decision Mr McNamara seeks orders quashing the CIT's decision of January 25th last to dismiss him.
He also seeks an order requiring the Minister for Education hold an inquiry and make a decision on the issues that resulted in his 2012 suspension.
He further seeks a declaration that he cannot be lawfully dismissed without an order to that effect being made by the Minister for Education and damages.
Permission to bring the proceedings against both CIT, the Minister and the State was granted, on an ex parte basis, by Mr Justice Seamus Noonan today.
The Judge also placed a stay on the decision to dismiss Mr McNamara pending the outcome of the proceedings.
The case was adjourned to a date in late March.
